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New Jersey Section 2C:7-12 – Findings, declarations relative to sex offender central registry on the Internet.

New Jersey Enacts Law Requiring Sex Offender Registry Be Available on the Internet

New Jersey has enacted a new law, Section 2C:7-12, that requires the state’s sex offender central registry to be made available on the Internet. This controversial law aims to expand public access to information about convicted sex offenders living in local communities. However, it has also raised concerns about privacy and the potential for misuse of the online registry.

Background of the Law

In 1994, New Jersey established a sex offender central registry to track individuals convicted of certain sex crimes, like sexual assault and child pornography possession. This registry contains personal details on offenders, including their name, photo, address, criminal record, and more.

Initially, the public could only access the registry by physically going to their local police station. But over time, the New Jersey legislature expanded access to the registry’s data. In 1998, they allowed the public to call a toll-free hotline to check if someone was a registered offender. And in 2001, they enabled limited online access to the registry.

However, this online access was restricted. The public could only search for offenders by name, not address. And only moderate-risk offenders were included in the online database; high-risk offenders were excluded out of concern for their privacy and safety.

Frustrated by these limitations, state legislators proposed a bill in 2009 to publish the full sex offender registry online. After lengthy debate and negotiations, a compromise version of the bill finally passed in 2013. This enacted Section 2C:7-12 into law, requiring the Attorney General to make the entire New Jersey sex offender central registry available on the Internet.

Key Provisions of the Law

Section 2C:7-12 contains several key provisions:

• Full Online Posting: The law requires the Attorney General to publish the entire sex offender central registry online, with no offenders excluded. Previously, only moderate-risk offenders were posted online.
• Searchable by Address: In addition to searching the online registry by name, the public can now also search by a specific address to see if any offenders live nearby.
• Photos Included: Offenders’ photographs will be included in the online registry.
• Regular Updates: The online registry must be updated regularly as new offenders are convicted or as registered offenders move.
• Warning on Misuse: The law requires the online registry to contain a warning against using the information to harass or commit crimes against offenders. However, critics argue this does not go far enough to prevent misuse.

Arguments in Favor of the Law

Supporters of the law, including child advocates and victims rights groups, argue that Section 2C:7-12 provides an important public service to New Jersey communities. Some of their main arguments include:

• Increased Public Safety: Supporters contend that putting the full sex offender registry online allows parents and community members to better protect themselves and their families from potential risks.
• Improved Access to Information: Publishing the registry online makes it easier for the public to access important information on convicted sex offenders living in their neighborhoods.
• Megan’s Law Precedent: Similar online sex offender registries have been implemented under Megan’s Law in other states without major incidents. This demonstrates the registries can be managed responsibly.
• Accountability for Offenders: Community monitoring of offenders may deter them from committing additional crimes and encourage rehabilitation. The registry helps hold them accountable.

Concerns About the Law’s Impact

However, Section 2C:7-12 has also been met with significant concerns about its potential consequences, particularly on offenders’ rehabilitation and privacy rights:

• Vigilantism: Critics argue the law may increase acts of vigilantism, harassment, or violence against offenders listed in the online database.
• Hindering Rehabilitation: The stigma of being publicly listed on the online registry may make it harder for offenders to reintegrate into society and rebuild their lives.
• Privacy Concerns: Posting offenders’ personal details like address and workplace online infringes on their reasonable privacy expectations after serving their sentences.
• Net-Widening: Some opponents worry the registry casts too wide a net by requiring inclusion of 18-20 year olds convicted of consensual statutory offenses.
• False Sense of Security: Simply checking the online registry does not guarantee the public’s safety, since most sex crimes are committed by first-time offenders unknown to law enforcement.

Ongoing Legal Challenges

Due to these concerns, Section 2C:7-12 has faced a number of legal challenges since being enacted. Civil liberties groups like the ACLU have sued to block aspects of the law, arguing it violates offenders’ constitutional rights.

Some key legal issues include:

• Ex Post Facto Challenges – Applying the registry retroactively to those convicted before the law violates the Ex Post Facto clauses of the U.S. and New Jersey Constitutions, according to some lawsuits.
• Cruel and Unusual Punishment – Requiring youthful or low-risk offenders to register for life may constitute cruel and unusual punishment, advocates have claimed.
• Right to Reputation – Publicly labeling offenders online infringes their right under the New Jersey Constitution to protect their reputation.

So far, most challenges have been unsuccessful. But ongoing lawsuits continue to dispute the legality of the sex offender online registry under both the U.S. Constitution and New Jersey’s robust protections for individual rights.

Looking Ahead

The debate over online sex offender registries like those mandated by Section 2C:7-12 will likely continue in the years ahead. Supporters argue they promote public safety, while critics contend they do more harm than good.

New Jersey lawmakers will need to continue monitoring the impacts of the law and making adjustments as needed to balance the interests of community security and offender rehabilitation. Technological advances enabling the spread of offenders’ personal data online will also raise new legal questions.

Regardless, Section 2C:7-12 represents a major milestone in making sensitive information on convicted sex offenders broadly available to the New Jersey public. The repercussions of this landmark transparency law will be felt for years to come.